From Casetext: Smarter Legal Research

In re Shaheed W

Appellate Division of the Supreme Court of New York, First Department
Oct 15, 2002
298 A.D.2d 204 (N.Y. App. Div. 2002)

Opinion

1857

October 15, 2002.

Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about January 26, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of jostling and attempted assault in the third degree, and placed him in the custody of the New York State Office of Children and Family Services, in a limited secure facility, for a period of up to 12 months, unanimously affirmed, without costs.

SUSAN CLEMENT, for Appellant.

TAHIRIH M. SADRIEH, for Presentment Agency.

Before: Nardelli, J.P., Mazzarelli, Sullivan, Ellerin, Rubin, JJ.


The court's finding was based on legally sufficient evidence. The evidence warranted the conclusion that when appellant's companion slapped the victim hard on the face, he did so with intent to cause physical injury (see Matter of Marcel F., 233 A.D.2d 442), and that appellant, who was continuously holding the victim's arm, intentionally acted in concert with regard to the attempted assault (see Matter of Daunte P., 271 A.D.2d 362). Appellant also engaged in conduct that met the definition of jostling set forth in Penal Law § 165.25(1).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Shaheed W

Appellate Division of the Supreme Court of New York, First Department
Oct 15, 2002
298 A.D.2d 204 (N.Y. App. Div. 2002)
Case details for

In re Shaheed W

Case Details

Full title:IN RE SHAHEED W., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 15, 2002

Citations

298 A.D.2d 204 (N.Y. App. Div. 2002)
748 N.Y.S.2d 144

Citing Cases

People v. Razzaq

The defendant's contention that there was legally insufficient evidence to support the convictions of…

People v. Razzaq

The defendant's contention that there was legally insufficient evidence to support the convictions of…